FN25. Although the
regulation states that a contractor may elect to verify all employees hired after November
6, 1986 and shall initiate verification of all such existing employees within 180
calendar days of (i) Enrollment in the E-Verify Program; or (ii) Notification to E-Verify
Operations of the Contractors decision to exercise this option  (48
C.F.R. § 52.222-54(b)(4)), the October 21, 2009 Supplemental Guide for Federal
Contractors (Supplemental Guide) suggests that the choice must be made at
enrollment: NOTE: If you choose to verify
your entire existing workforce in E-Verify, you must verify all of your existing employees
except those that are exempt . . .. Once you decide either to verify the entire workforce
or to verify only those employees assigned to a contract with the FAR E-Verify clause, you
are not permitted to change that decision. USCIS, E-Verify Supplemental Guide
for Federal Contractors (M-574A) 16 (Oct. 21, 2009) (emphasis added).The Supplemental Guide can be found at this link.Various groups are seeking clarification and/or
modification of this guidance as it is not only inconsistent with the regulations, but it
is inconsistent with the rationale underlying the 180 day optionto allow contractors
that find it difficult to identify those assigned to the contract the option of querying
the entire workforce.